Landlord Can't Reopen Tenant Complaint Filed 30 Years Later

Facts: In 1979, tenant filed a rent overcharge complaint with the Conciliation and Appeals Board (CAB), the DHCR's predecessor agency. CAB wrote tenant a letter stating that tenant's apartment wasn't enrolled with the Rent Stabilization Association (RSA), so CAB had no authority to rule on tenant's complaint. CAB notified tenant and landlord that it was forwarding tenant's complaint to HPD's Office of Rent Control. In 1981, HPD ruled that tenant was rent controlled and set a maximum base rent for tenant's apartment. Landlord appealed and lost in 1983. HPD ruled that because landlord failed to register its building with the RSA, it became subject to rent control instead of rent stabilization. Years later, in 2008, new landlord asked the DHCR to reconsider HPD's 1983 order. Landlord argued that only CAB had authority to rule on whether tenant was rent stabilized, so HPD's decision was a nullity. The DHCR denied landlord's request. Landlord then asked a court to order the DHCR to rule on the 30-year-old overcharge complaint filed with CAB.

Court: Landlord loses. When CAB refused to act, by stating in its 1979 letter that it would not rule on the question and transferred the matter to HPD, the 60-day period to file a court appeal began. No appeal was filed at that time, and new landlord's lawsuit was untimely. Tenant's apartment remained subject to rent control.

Ruskin Associates, LLC v. DHCR: 2010 NY Slip Op 07066, 2010 WL 3853347 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Friedman, McGuire, Abdus-Salaam, JJ)